Maryland Car Accident Laws 2023 — All You Need to Know
January 2nd, 2023
Car accidents happen every day throughout the United States for many reasons, and each state has different laws for resolving these incidents. Maryland upholds relatively restrictive statutes concerning these incidents, some of which drivers find overbearing and even unfair in some situations. Therefore, if you drive in Maryland, it is crucial that you understand your rights and responsibilities as a driver in the state, and you must also know what to expect when it comes to recovering from a serious accident.
Proving Fault for a Car AccidentThe state enforces a contributory negligence law, meaning that you cannot be in any way at fault for the accident to recover your losses. To succeed with your recovery efforts, you must identify the driver responsible and prove they are entirely to blame for the accident and the resulting damages. This is easier in some cases than others and working with an experienced personal injury attorney is the best way to increase your chances of reaching a positive conclusion to your case. Your legal team can assist you in proving exactly how your accident happened. If you were seriously injured and have no recollection of the accident, their legal support will be invaluable for recovering as fully as the law allows, both in terms of an auto insurance claim and a subsequent personal injury case. In the event your accident happened because of any form of intentional misconduct behind the wheel, the at-fault driver is likely to face criminal charges from the state along with your personal injury claim. The state also enforces specific laws that prohibit drivers from engaging in certain behaviors while driving. Most notable is the state’s ban on texting while driving. Throughout the United States, distracted driving is the leading cause of all motor vehicle accidents, and texting while driving is the most commonly reported form of distracted driving across the country. Your legal team can assist you in proving that the at-fault driver was looking at their cell phone instead of the road by securing their cell phone records and/or traffic camera footage that proves they were not paying attention while operating their vehicle.
Recovery From a Car AccidentState law requires every driver to have auto insurance that provides at least $30,000 in bodily injury liability coverage for a single person injured by the covered driver. Their coverage must extend to at least $60,000 in bodily injury liability coverage for all persons injured in a single accident. Additionally, they must have at least $15,000 in property damage liability coverage. As long as you can prove that the other driver is solely responsible for your accident and your damages fall within the scope of coverage their insurance policy provides, it’s possible to resolve your accident claim through insurance alone. Unfortunately, many drivers hurt in car accidents are not able to resolve their cases this easily. They can encounter disputes with insurance carriers, or even when they succeed with their insurance claims, their settlements only cover fractions of their total damages. If you must file a personal injury suit in response to your recent accident, it will be more challenging to win, but you could secure far more compensation than an insurance claim could provide. The best option for maximizing the results of any and all recovery efforts you attempt after a serious car accident is hiring legal counsel you can trust. The right attorney is an invaluable asset when it comes to proving liability, disproving claims of contributory negligence, and maximizing your compensation through insurance and your civil claim.
Q: What Happens if You Are at Fault for a Car Accident in Maryland?A: If you cause an accident, state law dictates that you are liable for all damages you inflict on others in the accident. Your auto insurance may cover some or all of these damages depending on the severity of the crash, but you may face a personal injury suit from the other driver if their damages exceed the scope of your insurance coverage.
Q: What Is the Average Settlement for Car Accident Claims in Maryland?A: Every car accident is unique, and the victim’s final settlement hinges on the severity of their damages. On average, victims of car accidents are usually able to recover roughly 1.5 times the total amount of economic damages they sustained. State law allows the victim of any personal injury to seek full repayment of their economic losses and pain and suffering compensation, but the latter is capped by state law.
Q: What Is the Statute of Limitations for Auto Accidents in Maryland?A: If you must file a civil suit for a car accident, this is a type of personal injury claim. The statute of limitations or time limit for filing a personal injury claim is three years from the date of the accident. So, for example, if your car accident occurred on July 1, 2022, you would have until July 1, 2025, to file your civil suit against the at-fault driver. This may seem like more than enough time, but you should always strive to file your suit as soon as possible after the incident in question.
Q: What Happens if Both Drivers Are at Fault for an Accident in Maryland?A: Under the contributory negligence law of Maryland, when two drivers are both to blame for their accident, neither may file a civil suit against the other. Each driver would be personally responsible for their respective damages. Depending on the type of insurance coverage they have, they could also be precluded from claiming against their own auto insurance policies. Ultimately, the state enforces some rather restrictive laws pertaining to car accident cases and other types of personal injury claims. Therefore, if you or a loved one is struggling with injuries in the aftermath of a car accident, it’s vital to consult an attorney you can trust as soon as possible to have the best chance of maximizing your recovery. Contact the Ruben Law Firm today to learn how we can empower your recovery efforts after another driver has injured you.
Categories: Car Accident